IN THE MATTER OF AN ARBITRATION
UNDER THE CHARTERED INSITUTE OF ARBITRATION RULESBETWEEN:

Broadsheet LLC

- and -
(1) The Islamic Republic of Pakistan (2) The National Accountability Bureau

PART FINAL AWARD (Quantum)

Sir Anthony Evans 24 Lincoln’s Inn Fields London
WC2A 3EG

Date: Dec 17, 2018

Excerpts:

Stroz Friedberg was instructed to carry out a ‘forensic audit’ (or ‘inventory’) of the JIT Report. This consisted of identifying potentially recoverable assets of the Sharif Family that were referred to in it and ascribing a valuation to each. This resulted in a list of 76 items of property in three overseas jurisdictions, namely, Saudi Arabia, the UAE and the United Kingdom, as well as in Pakistan, with total values that were corrected in the Revised SF Report to take account of Mr. Bezant’s comments on it. The revised total was US$820.8 million. The third instruction was “to apply the 20% rate due Broadsheet as outlined in the ARA” – a mechanical application of the 20% rate provided four in the ARA clause 4 – which resulted in a total ‘Loss of Revenue’ for Broadsheet of US$164.2 million. The fourth was to establish a ‘borrowing rate of interest’ for each of the 76 items of loss and to apply it from what they considered was the appropriate date. The interest calculation increased the total of ‘Broadsheet’s Entitlement’ to US$304.6 million.

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The 2017/8 proceedings, however, in the Supreme Court of Pakistan, including the JIT Investigation and Report, have produced a very different situation where (subject to pending appeals) there is an authoritative listing of personal and family assets totalling (as corrected) US$820 million, both in Pakistan and abroad, and where certain real property in the United Kingdom valued at US$13 million (“the Avenfield flats”) has been forfeited to the Pakistan State as having been acquired with corrupt assets. These call for separate consideration in this Award.

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As stated above, the total value of assets both in Pakistan and overseas listed by the JIT is agreed by the expert witnesses as US$820 million. Whilst accepting that this figure must be discounted to take account of many factors, not least the costs of recovery etc., Claimant’s representatives have put it forward as what might be called the gross amount of possible recoveries by NAB for the purpose of calculating Broadsheet’s potential entitlement to 20 per cent, under the ARA Clause 4.



https://www.scribd.com/document/491113980/UK-high-court-decision-in...

Pandora Papers and the economic impact of high-level corruption by Javed Hasan

https://www.arabnews.pk/node/1944396

While owning offshore companies or bank accounts per se does not automatically imply culpability, it is incumbent on all the named, especially those holding senior governmental positions, to provide evidence of transparent money trails and of the declaration of such assets with the tax authorities in Pakistan.

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Welcoming the release of the Pandora Papers, Prime Minister Imran Khan stated that it once again exposed “the ill-gotten wealth of elites, accumulated through tax evasion & corruption & laundered out to financial ‘havens’… ”. He also highlighted that the UN Secretary General’s panel on International Financial Accountability, Transparency and Integrity (FACTI) estimates that as much as $7 trillion of stolen assets are parked in largely offshore tax havens. The Papers include names of politicians in high office as well as retired military officials, businessmen and media owners.

.... In a move that lives up to his crusade against corruption, Prime Minister Imran Khan set up a high-level cell under the Inspection Commission to investigate the matter with the objective of holding “everyone involved in the Pandora leaks accountable” and promised to make the investigation public. It would also be consistent with the PM’s earlier stance that those implicated in the leaks should not be in positions that can in any manner influence the investigation while it is being carried out.

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...It is also argued that Pakistan’s anti-corruption campaign is ineffective and used more as an instrument of political victimization than toward improving overall governance. While there is some validity in questioning the effectiveness and motives of the anti-corruption efforts, the ‘greasing the wheels’ reasoning, in toto, does not stand up to scrutiny.
In China it has been argued that corruption — euphemistically also called access money — has helped speed up economic growth. However, the renowned political scientist, Yuen Yuen Ang, who has extensively examined the matter, states in a recent article that corruption “spurred government officials to promote construction and investment aggressively, regardless of whether it was sustainable. Luxury properties that enriched colluding state and business elites have mushroomed across the country, while affordable housing remains in short supply…”. More ominously she points out that “Corruption, inequality and financial meltdowns can trigger social unrest and erode the legitimacy of the Chinese Communist Party...”.
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Corruption has distorted incentives and market forces, and acted as a tax on business that has raised production costs and reduced the profitability of investments. Even more perversely it has dissuaded international investors from considering Pakistan as an investment destination, thereby suppressing the inflow of foreign direct investment (FDI) into the country. On the basis of a survey of 390 senior executives in 14 countries, a PricewaterhouseCoopers study reported that 45 percent of respondents refused to enter markets where corruption risks were perceived to be high.
Corruption’s corrosive influence on the overall governance and business environment as well as the extraction of resources into offshore accounts such as those disclosed in Pandora Papers has undermined Pakistan’s growth prospects and poverty alleviation efforts. It has denuded already scarce resources available for investment in health and education, thereby limiting human capital development and enhancement of its productive capabilities. It is therefore indisputable that all forms of corrupt practices, both direct and indirect, must be eliminated. While some of that will require structural change and take time, in the near-term international enforcement mechanisms must be mobilized to shut down avenues that facilitate illicit financial flows.